WESTPORT RECOVERY CORP., APPELLANT,
v.
ORLANDO BATISTA, A/K/A ORLANDO BATISTA, JR., APPELLEE

Fla. 3d DCA | 2007-09-12
No. 3D05-1879
Before SHEPHERD, CORTIÑAS, and ROTHENBERG, JJ.
965 So. 2d 1189 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 1 case

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Synopsis

Westport Recovery Corporation appeals an order denying its motion to stay satisfaction of a writ of execution. The court holds that post-judgment interest accrues on pre-judgment interest awards as a matter of law under Florida Statutes section 55.03, and the sheriff erred in calculating the levy without including such interest.


Holding

Under Florida Statutes section 55.03 and the Florida Supreme Court's decision in Quality Engineered, pre-judgment interest automatically becomes part of the judgment and bears post-judgment interest like all other judgment components. The sheriff erred in failing to include post-judgment interest on pre-judgment interest in calculating the levy, and this rule applies retroactively.


Headnotes

[1] A writ of execution is not fully paid and thus not subject to satisfaction if the sheriff fails to collect post-judgment interest on a pre-judgment interest award.

[2] An award of prejudgment interest merges into the total sum adjudged to be due and owing and automatically bears post-judgment interest.

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Key Quotes

“The amount awarded for prejudgment interest, like all other components of the 'judgment,' automatically bears interest as provided by section 55.03, Florida Statutes.”

Establishes the core holding that post-judgment interest accrues on pre-judgment interest as a matter of law

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Facts & Procedural History

First Union National Bank obtained a final summary judgment against Orlando Batista on March 11, 1996, for $20,679.74 plus $10,799.28 in pre-judgment …

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Opinion of the Court
SHEPHERD, J.

SHEPHERD, J.

Westport Recovery Corporation, as successor to First Union National Bank of Florida, appeals an order denying its motion to stay satisfaction of a writ of execution. Pursuant to section 56.021 of the Florida Statutes (2005), the sheriff may satisfy a properly issued writ of execution during its lifetime only upon it being “fully paid.” Westport asserts that the writ has not been “fully paid,” and therefore is not subject to satisfaction because the sheriff failed to honor Westport’s request and direction to collect post-judgment interest on the pre-judgment interest awarded by the final summary judgment underlying the issuance of the writ. We agree and reverse the order on appeal.

The judgment in this case was entered in favor of First Union National Bank of Florida on March 11, 1996. It states, in pertinent part:

Final Summary Judgment is hereby entered in favor of plaintiff, First Union National Bank of Florida ..., and against defendant(s), Orlando Batista ... [in] the principal sum of $18,978.74, court costs in the amount of $201.00, attorneys’ fees in the amount of $1500, for a subtotal of $20,679.74, that shall bear interest at the rate of ten (10%) percent per year, and in addition prejudgment interest of $10,799.28, for all of the above let execution, issue.

Consistent with forms in use at the time, and our decision in Perez Sandoval v. Banco Commercio, S.A., C.A., 582 So. 2d 179, 179 (Fla. 3d DCA 1991), disapproved of by Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929, 931 (Fla.1996), the final summary judgment failed to state that post-judgment interest also should be awarded on the pre-judgment interest award in the judgment. On March 28, 1996, the Florida Supreme Court, resolving a conflict among the districts on the subject, disapproved Perez Sandoval. See Quality Engineered, 670 So. 2d at 931. According to the Quality Engineered court, an award of prejudgment interest merges into and “becomes part of a single total sum adjudged to be due and owing.” Id. As such, our supreme court held that, “The amount awarded for prejudgment interest, like all other components of the ‘judgment,’ automatically bears interest as provided by section 55.03, Florida Statutes.... ” Id. (emphasis added). Although the levy in this case was sought by Westport in November 2004, the sheriff apparently decided to follow what he considered to be a near literal reading of the terms of the March 1996 summary final judgment.

Upon review, we conclude the sheriff erred in calculating the amount of the levy. We also are satisfied that the rule of Quality Engineered applies retroactively. See State, Dep’t of Labor & Employ. Sec. v. McGrath, 774 So. 2d 791, 792 (Fla. 1st DCA2000).

Accordingly, we reverse the order on appeal and remand the cause for proceedings consistent with this opinion.


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Citator

Cited By

  • Wells v. Halmac Dev., Inc., 184 So. 3d 620 (Fla. 3d DCA 2016)
    …t, like all other sums awarded, merges into the final judgment and accrues post-judgment interest in: accordance with section 55.03, Florida Statutes (2013). See Quality Engineered Installation, 670 So. 2d at 930; Westport Recovery Corp. v. Batista, 965 So. 2d 1189, 1190 (Fla. 3d DCA 2007). Therefore, because we find that prejudgment interest was not accounted for in the- Appellate Fee Judgment, the total sum due was inaccurate, and thus the determined amount of post-judgment interest was insufficient. “The am…

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